Have your terms and conditions changed? Everything else has!
Customs brokers and forwarders offer pricing that is very competitive and based on limited liability of the customs broker/forwarder. However, without up to date and comprehensive trading conditions your liability could be unlimited.
Customs and trade specialist CGT Law has joined with FTA to offer customs brokers and forwarders a set of trading documents that provides the best legal protection for the one low fixed price.
For the one off payment of $825 (incl GST) FTA members will receive:
- A clear, concise and legally robust set of trading terms and conditions designed specifically for brokers and forwarders
- A template credit application
- A template director's guarantee
- A letter of authority
- A template letter to use when providing the new terms to client
- A letter to you from CGT Law explaining how to use the pack of documents
- Updates to the documents due to legal developments until 2022
Importantly, all of the template documents have been designed to work together helping to ensure they are enforceable.
Now is the time to update your terms
Unfair contract terms - From November 2016 you will not be able to enforce unfair contract terms against consumers and small businesses. Blanket exclusions and unlimited indemnity clauses are very likely to be considered unfair. We have produced a fairer set of terms that apply only to consumers and small businesses and have the best chance of being enforceable.
Your terms and conditions need to address:
- What happens if you are treated by Customs as the "owner" and liable for duty
- Under SOLAS you may be the shipper - what if you customer gives you incorrect weight information
- Who owns the tariff database you have developed
- What happens if your obligation to disclose to Customs conflicts with your client's interest
- What is your liability if the Customs deems a TCO to have been incorrectly used
2020 update - changes include a further limit to the circumstances where the unfair contract terms will apply; create additional rights where the customer is a trustee or agent; make clear that rates can be calculated based on volumetric conversion; and expand the scope of the customer indemnity.
The CGT Law/FTA terms and conditions cover all of these issues. What's more, the terms are clear and less than half the length of other template terms offered to brokers.
Recently updated your terms and conditions?
CGT Law will undertake a free review of your terms and conditions and let you know if there are any areas where you are not fully covered.
For more information and to order your full set of trading terms and conditions documentation, please contact Paul Zalai at 02 99751878.